Joint ownership decisions · England and Wales
Capacity to sever a joint tenancy
Does the person have the mental capacity to decide whether to sever this joint tenancy?
Severing a joint tenancy can change what happens to a person’s share of a property when they die. We assess whether they can make that particular decision, using the solicitor’s explanation of the present ownership and the proposed change. Here, joint tenancy means a form of joint property ownership. This service is not an assessment about ending or changing a rented tenancy.
This is not an assessment of whether severance is good estate planning. It is also separate from capacity to make a will, decide where to live or sell the property. The report explains our opinion on the agreed question and the evidence supporting it.
Assessments for families and professional referrers across England and Wales.
Understand the change being proposed
The decision may arise during estate planning, a separation or a change in family circumstances. We need to know how the property is held and what severance would do in this case. This assessment is separate from deciding to sell the property, make a will or change where the person lives.
The property and the people involved
We need to know which property is involved, how it is currently held and who the co-owners are. The assessment addresses this arrangement rather than joint ownership in the abstract.
What happens to the share
The relevant explanation includes the effect on survivorship and how the person’s share could pass under a will or the intestacy rules. The solicitor should explain what the proposed change means in their circumstances.
A separate will decision
Understanding severance does not automatically show capacity to make or change a will. Tell us if both questions need assessment so they can be scoped correctly.
If the home is rented
Ending, surrendering or changing a joint rental agreement raises different legal questions. Ask a housing solicitor to explain the proposed action and each tenant’s rights. If capacity evidence is needed, the instruction must identify that specific rental decision rather than use a property-ownership severance assessment.
What we discuss during the assessment
The capacity question
We start with the presumption of capacity and take all practicable steps to help the person decide. We first consider whether they can understand, retain, use or weigh the relevant information and communicate their decision. If they cannot, we examine whether an impairment of, or disturbance in, the functioning of the mind or brain causes that inability. A person need not know the legal procedure by heart. They need the relevant explanation of the decision they are being asked to make.
Intentions and concerns
We consider the person’s own account, relevant records and the support provided. Family disagreement or a change in intentions does not, by itself, establish incapacity. Concerns about pressure are recorded separately.
The written evidence
The report identifies the property and proposed severance, the information considered and our reasoning. It explains any uncertainty or limitations. Peer review checks the evidence, reasoning and structure before secure delivery; it is not a second assessment of the person.
- The current joint ownership and the other owner or owners involved.
- The proposed change and its effect on the right of survivorship.
- The broad consequences for the person’s share and those who may inherit it.
- Why the person wants the change and the alternatives available.
- Relevant effects on the other co-owners, as explained by the solicitor.
Arranging the work with the solicitor
Identify the proposal
Tell us which property and joint tenancy are involved, the purpose of the report and any deadline. Explain whether a will or another decision also needs assessment.
Agree the information and appointment
We confirm the scope, fee and timetable, and request the relevant ownership documents and legal explanation. We discuss communication needs and the most suitable assessment format.
Assess and report
The assessor explores the decision with the person and reviews the relevant evidence. The independent written opinion is peer reviewed and sent securely, with its limitations made clear.
Helpful documents and background
Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team.
- The title or other documents showing the current ownership.
- The draft severance notice and solicitor’s explanation of the proposed change.
- An existing or proposed will where it is relevant to understanding the consequences.
- A proportionate outline of the estate and family circumstances relevant to the decision.
- The person’s reasons for the change and any concerns about influence or pressure.
- Relevant medical information, previous assessments, communication needs and any fluctuation in abilities.
- The intended use of the report and any court directions or deadline.
Fees and the limits of the service
The assessment and written report cost £720 including VAT. Relevant-record review, peer review and secure delivery are included. A separate will assessment, other capacity question or court-directed report must be agreed and quoted separately.
Capacity to sever a joint tenancy assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed severance decision, including relevant-record review, peer review and secure delivery. Will assessments, legal notices and court-specific work are not included.
Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team.
Questions about severance assessments
Does your report sever the joint tenancy?
No. It provides evidence about capacity. Preparing and serving any notice, checking its legal effect and dealing with the title are matters for the solicitor.
Does the share always pass under a will afterwards?
Not necessarily. The position depends on the person’s arrangements, including whether there is a valid will. The solicitor should explain the relevant will or intestacy consequences for the proposed change.
What if the other owner disagrees?
Disagreement is not evidence that the person lacks capacity. The legal procedure and effect of any objection should be addressed by the solicitor, separately from the assessment.
Can an attorney or deputy arrange severance instead?
That depends on the authority held and the circumstances. The capacity report does not give or extend legal powers. Ask the solicitor to clarify the authority and any court requirements.
Will severance protect the property from care fees or tax?
We do not provide that advice or promise a financial advantage. The assessment concerns capacity for the proposed decision, not whether the arrangement achieves a tax or care-funding objective.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.